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The concept of ‘imperative reason of overriding public interest’ is not defined in the Directive. However, Article 6(4) second subparagraph mentions human health, public safety and beneficial consequences of primary importance for the environment as examples of such imperative reasons of overriding public interest. As regards the ‘other imperative reasons of overriding public interest’ of social or economic nature, it is clear from the wording that only public interests, irrespective of whether they are promoted either by public or private bodies, can be balanced against the conservation aims of the Directive. Thus, projects developed by private bodies can only be considered where such public interests are served and demonstrated. It is reasonable to consider that the ‘imperative reasons of overriding public interest, including those of social and economic nature’ refer to situations where plans or projects envisaged prove to be indispensable: — as part of actions or policies to protect fundamental values for the life of citizens (health, safety, environment); — as part of fundamental policies for the State and society; — as part of the performance of activities of an economic or social nature, fulfilling specific public service obligations. It is for the competent authorities to weigh up the imperative reasons of overriding public interest of the plan or project against the objective of conserving natural habitats and wild fauna and flora. They can only approve the plan or project if the imperative reasons for the plan or project outweigh its impact on the conservation objectives. See the Article 6 Guide – section 5.3.2.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.